Every once in awhile an artist comes around who is so ground-breaking
and so controversial that society has no choice but to ban or censor them.
Elvis was only shown from the hips up on the Ed Sullivan Show,
George Michael is forced to add a preface to his "I Want Your Sex" video disouraging random sex in public bathrooms, and the list goes
on and on. Add to that list a new creative forceUS!as our
ground-breakingly legardarily hilarious observations about the similarities
betwen Vin Diesel and the Mattress Giant have led to censorship and threatened
September 19, 2002
Mr. James W. Steed
Registered Owner of WWW.FAKEJAZZ.COM
Bala Cynwyd, PA 19004
Dear Mr. Steed:
This firm represents Mattress Giant Corporation, owner of the "Mattress Giant" character. It has come to our attention that a copy or derivative work of the "Mattress Giant" character presently appears on your website, www.fakejazz.com. Such unauthorized use of the "Mattress Giant" character is in violation of Section 501 of the Copyright Act (17 U.S.C 501, et. seq.) Any reproduction or derivation of a copyrighted work constitutes an infringement.
The Mattress Giant Corporation takes its intellectual property rights and the enforcement thereof very seriously. Mattress Giant Corporation owns three Federal Copyright Registrations pertaining to the "Mattress Giant" character. We request that you remove the "Mattress Giant" character from your web site immediately and provide written assurances that you will not use any copy or colorful imitation of the "Mattress Giant" character in the future. If these requests are met and the "Mattress Giant" character has been removed by 9/27/02 and we receive your written assurances by 10/03/02, Mattress Giant Corporation will take no further action.
Should you chose [sic] to continue to display any copy or derivative work of the "Mattress Giant" character past 9/20/02, Mattress Giant Corporation will pursue this matter in Federal Court. Pursuant to the Copyright Act, the Federal Court can award statutory damages of up to $30,000 per infringement. This amount can be increased up to $150,000 if the Court finds that the infringing behavior is willful. Additionally, the Court can award attorney's fees and costs in the instance of wilfulness [sic].
Mattress Giant Corporation would prefer to resolve this in an amicable way. We look forward to the removal of the "Mattress Giant" character from the www.fakejazz.com website and your written assurances as to future infringement by the dates set forth above.
Lee Anne LeBlanc, Esquire
cc: Ron Dekelbaum, Esquire
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